Using the tax form to prospect for client needs.
As a CPA, I find I have an advantage when meeting
with clients concerning their financial planning needs. This
opportunity lies in the fact that my starting point for client
discussions mainly begins with a reading of Form 1040 to uncover
various planning needs that often go overlooked.
Although most planners would be aware of a lot of information about
their clients that a 1040 reveals (whether they are married, have
children or participate in a 401(k) plan, for example), a review of the
tax form is a good check to ensure that all aspects of their financial
concerns are being addressed.
The best approach is to do a line-by-line analysis as follows:
Name and address label section.
A change in address may indicate a change of circumstances. Insurance
questions that can arise from this include whether current homeowners
and umbrella coverage are still relevant for the new address and
whether the client has relocated from, say, a community property state
to a common law one or vice versa. This could trigger an updating of
wills, trusts or other estate planning documents. Investment issues can
be addressed, such as whether the two-year rule ($250,000 for single
taxpayers and $500,000 for married taxpayers) for exclusion of personal
residence gains, or an exception, has been met. Cash flow issues
surrounding the ability to make mortgage payments, or the deductibility
of points or origination fees, should be discussed. Finally, a change
in address also can provide you with a clue as to the wealth of that
individual. For example, a new zip code of 90210 may signify an
increase in wealth or annual income.
Moving to another location can give rise to a
significant increase or decrease in expenses. Moving from California to
Arizona might free up significant assets, especially if the client
downsizes the personal residence. The reverse also is true. Moving to a
more affordable location could provide additional money for the client
to invest toward their goals.
Filing Status.
Marriage indicates that another person will share in the wealth. This
could mean that the client must now divide a smaller piece of the pie,
or additional funds may be necessary to ensure the same standard of
living for each person prior to the marriage.
A widow(er) may have received a life insurance
settlement. Determining how that money should be invested is extremely
important, especially if it is to make up lost wages of the deceased
spouse. Keeping a qualifying widow(er) status (ability to file as
"married filing jointly") will help save future tax liability.
Divorce can ruin a person, especially if one spouse
had the majority of assets and income. Financial strategies arise, such
as what to do with the sale of the personal residence or the vacation
house. Other personal assets could become split. If only one spouse has
a pension plan, how is it divided? If applicable, a person
contemplating divorce should re-establish credit if the other spouse
had credit in his or her own name.
A divorce status usually brings tax consequences
surrounding future alimony payments, but not for division of property
under Code Section 1041 or for child support payments. If there are
children, you may not be aware if the parent does not get the
dependency deduction. Therefore, ask the client about existing
education funding programs or whether one should be set up. Also, ask
whether beneficiaries have been changed to reflect the change in
status, or whether the estate plan has been modified to reflect this
change.
A "married filing separately" status may indicate
that one spouse has high amounts of certain itemized deductions, such
as medical, miscellaneous or casualty. You also can determine whether
the spouses lived together during the year. I have a client who has
refused to file "married filing jointly" for the last 18 years (because
of an intense distrust for her husband). Here, various planning
strategies need to be developed.
Lastly, if single, find out if your client has
purchased disability insurance. If not, then who can your client rely
on to pay expenses?
Exemptions/List of Dependents.
The listing of dependents provides you with names and ages of those
individuals your client is responsible for and establishes a basis for
estate, insurance and education planning. Exemptions can also identify
income-shifting opportunities, such as employing children in business
if there is a schedule C, E or F.
With respect to estate planning, are parents or
other elderly relatives listed as dependents? Is future long-term care
a concern? If so, has your client inquired about long-term care
insurance? Has the client spoken with an attorney with respect to
living trusts, durable powers of attorney or springing trusts?
With respect to insurance planning, you need to
determine whether there is adequate life insurance held on both
spouses. Has the client named one or more beneficiaries, other than
him- or herself, in order to keep the life insurance proceeds out of
the estate? Have the beneficiaries under the current policy been
updated to reflect new children born into the family? Do any of the
working dependents have disability or health insurance? Does the
automobile policy list all drivers over the state's driving age?
With respect to educational planning, was a new
child born during the year? If so, should a 529 plan be established?
Perhaps the parents may need to reposition their assets by putting
funds into growth mutual funds, or other assets whereby the funds would
become available when the child is ready to enter college. Or, if funds
previously have been transferred to children, does the client
understand the consequences of making gifts in trust versus making
outright gifts and the impact of the kiddie tax rules? If kids are
currently in college, will there be a future reduction in expenditures?
Gross Income. Wages & Self-Employment Income (W-2 & 1099).
W-2 wages can tell you if your client is living within means, and
whether their income stream is supporting these living expenses. Does
the level of income appear sufficient to take into account expenses
and/or savings? If not, has a budget been created? Are cash flow
problems a concern?
See whether the client is covered through a
retirement plan and what employee benefit plans (i.e. flexible spending
account, group term life insurance) are being utilized. Determine
whether your client is maxing out 401(k) contributions. If not, is your
client on track toward funding his retirement?
With respect to insurance needs, is current life
insurance appropriate? Is the disability insurance amount adequate for
wages earned? Life insurance should cover all your client's
objectives (and may equal as much as seven times earnings). Disability
insurance covers approximately 60% of income. If your client
terminated employment and did not found a suitable replacement, was
COBRA elected, thereby extending medical insurance coverage anywhere
from 18 to 36 months?
With respect to estate planning, does the amount of
income suggest that your client will have a sizable estate? Asking
about income patterns may help you back into the size of the gross
estate.
Interest and Dividend Income (Schedule B). The types of investments as
determined by interest and dividend income can give great insight into
your client's risk tolerance level. For example, is your client so risk
adverse as to have all funds in CDs? If this is the situation, tell
your client about purchasing power risk and interest rate risk that
could erode away principal over the long term. If the client has been
keeping "all of his eggs in one basket," a proper diversification
strategy may be necessary.
Look to see what specific investments generate the
dividends. Unnecessary taxable income may indicate a need to rearrange
the investment portfolio. Repositioning investments to tax-exempt or
tax-deferred, or restructuring toward long-term growth with minimal
emphasis on annual income, may be more appropriate.
Reviewing portfolio income could help you determine
your client's investment philosophy. Once risk tolerance level and time
horizon are identified, will the client's investments be suitable for
current and future needs?
Sole Proprietor (Schedule C or F). For 1099
recipients, determine whether schedule C or F is still the most
appropriate form of business entity. Explain the differences among sole
proprietorships, partnerships, S corporations, C corporations, limited
liability companies or limited liability partnerships. Usually, I find
that clients are reluctant, or even sometimes too lazy to switch, under
the old adage, "If it ain't broke, don't fix it."
Make sure your client has liability insurance (since
all assets are subject to risk as a sole proprietor). Determine whether
Section 179 deductions for new business equipment have been utilized
(which can be as high as $102,000 in 2005), and even whether your
client is employing the children. For example, if your client has three
children under the age of 18, each child can be paid $9,000, shaving
off $27,000 from the bottom line. In fact, each child (whether a
dependent or not) can receive a standard deduction equal to earned
income plus $250, not to exceed $5,000 per child. Subtracting $5,000
from the $9,000 income will leave $4,000, which can be immediately
placed into a traditional IRA, thereby wiping out any tax liability.
And children under age 18 are not required to pay any self-employment
tax. Even putting that $4,000 in a Roth IRA will result in a tax
liability of $400, assuming the child is in the lowest tax bracket.
Does the client have a retirement plan in place,
such as a Keogh, SEP or SIMPLE? Is the client properly insured, with
errors and omission or malpractice, and property and casualty
insurance? Business insurance coverage will show up as a Schedule C
business expense? If no insurance coverage deduction is taken on
Schedule C, what is your client relying upon for such protection? If
your client is a home-based business, will the homeowner or apartment
dweller's policy cover business assets when an office-in-home (form
8829) deduction is taken? Is personal liability umbrella coverage
appropriate? Are business vehicles used? If sold too soon, will
depreciation be recaptured? And finally, does the client have a
succession plan in place?
Capital Gain/Loss (Schedule D).
In addition to the items listed for schedule B above, if the number of
capital gain and loss transactions indicate excessive trading, then the
client may need to rethink the investment plan.
Rental and Royalty Income (Schedule E).
Is the property held personally or in an LLC? In addition to property
and casualty insurance, does your client have an umbrella policy or
general business liability policy on the property? If so, do these
expenses appear reasonable? Has the return on the investment been
sufficient? How has the value on these investments fared over its
lifetime? Will decisions made on other forms or schedules increase AGI
levels therefore disallowing active participation losses? Does property
ownership extend to other states? If so, is it adequately covered in
the estate plan? And would a Section 1031 exchange for real estate be
appropriate?
Adjustments-"Above the Line Deductions."
In determining whether your client should contribute to a retirement
plan, you need to determine what the personal cash flow requirements
are. If the client has been contributing to a retirement account, are
existing retirement assets properly invested to achieve objectives? Do
both spouses qualify for traditional or Roth IRA deductions? If the
client is divorced, determine what amount would be classified as
alimony or child support? If child support is an issue, does the client
need to establish an education fund? Would it be advisable to establish
a 2503(b) or 2503(c) trust? If paying alimony, when does it end
and what will become of the funds when payments end?
Itemized Deductions (Schedule A).
If your client does not own a home and perhaps cannot itemize
deductions, does it pay to purchase a home? If the client does own a
home, is there any need to tap into home equity? Do decisions on other
forms and schedules ease deductions limited by a percent of AGI
calculations to be lost? Moreover, do such decisions that increase AGI
beyond $100,000 result in a loss of itemized deductions? If there is a
second home, could your client from converting that to a rental? Were
gambling losses taken to the extent of winnings (not subject to the 2%
AGI floor)?
Because of the need for the client to exceed the
threshold amounts for medical (7.5% of AGI) and miscellaneous (2% of
AGI) expenses and stay below the overall base in order to avoid losing
part of the full deductible amount, will the bunching of expenses in
alternate years better help the client to exceed AGI thresholds in
alternate years?
Does the level of interest and debt service
represent an acceptable percentage of income? Should the client
consider paying off nondeductible/consumer-oriented debt or perhaps
consolidating it through a home equity loan? Does it pay to refinance a
mortgage now to lower interest rate debt? If so, has a new cash flow
analysis been prepared to reflect this change? Does your client have
insurance to pay off the mortgage in the event of disability or death?
If the client has a new residence, were points correctly deducted? Is
investment interest being foregone due to a lack of investment income?
Should your client prepay state and local income
taxes and property taxes depending on the AMT consequences? Has your
client thought about making gifts of appreciated property rather than
selling the property and recognizing the capital gain and then donating
the proceeds? Can your client use sophisticated charitable giving
strategies, such as charitable lead or charitable remainder trusts?
Overall Increase in Income. If your client's income rose substantially,
was an inheritance received? If so, how has the money been invested and
was the estate plan changed? You may need to employ asset reallocation
strategies to reduce overall tax liability. Consider increasing
withholdings to avoid an underpayment penalty.
Overpayment of Taxes.
If an overpayment of taxes exists, should amounts paid in withholding
or estimated payments be reduced? If it does exist, then why has the
client given an interest-free loan to the IRS? Have the client consider
changing his or her exemptions.
Overpayments may not necessarily be a bad thing.
Sometimes your client may want to receive a big refund check at the end
of the year as a forced savings. Sometimes clients can't hold on to
extra money received throughout the year, finding it being spent
unnecessarily.
What I've shown here is a sampling of the types of
information that can be found when analyzing a 1040 from a financial
planning perspective. Using this form wisely can be your solid starting
point for a discussion resulting in a comprehensive plan that fully
uncovers many of your clients' financial needs, which if done properly,
can ultimately improve your bottom line.
Jeffrey Rattiner, CPA/PFS, CFP, is founder of JR Financial Group.